What grounds must be shown in order to be successful in an application for summary judgment?

• A. The claimant has real prospect of succeeding on the claim and there is a compelling reason to proceed to trial.
• B. The defendant has no liability.
• C. The claimant has no real prospect of succeeding on the claim and there is no other compelling reason why the case should be disposed of at a trial.
• D. The court should delay to allow discovery.

Answer: (C)

Summary judgment is available when there is no real prospect of the claimant’s success on the claim, or when there is some other compelling reason why the case should be disposed of without a trial. To be successful, you must show both that there is no real prospect of success and that there is no other compelling reason to proceed to trial. If either limb applies, the court may wipe out the claim without a trial.

In the given scenario, the position that the claimant has no real prospect of succeeding and that there is no other reason to proceed to trial captures the two-limb test used for summary judgment. The other options don’t fit: claiming there is a real prospect of success would suggest a trial is needed; stating there is no liability is too narrow and doesn’t address the overall test; and suggesting delay for discovery is not a ground for summary judgment.